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HomeMy WebLinkAbout2011-06-08TU 6-8-11 TOWN OF DRYDEN TOWN BOARD MEETING June 8, 20I1 Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph Solomon, Cl Jason Leifer, Cl David Makar Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Brian McIlroy, Bookkeeper Daniel Kwasnowski' Director of Planning Mahlon Perkins, Town Attorney Supv Sumner opened the meeting at 7:35 p.m. Next week's agenda will include a youth services board appointment (Kathy Gehring) and approval of community center infrastructure grants. The Recreation Commission has made recommendations for the infrastructure grants. Board members were given a draft SEQR for the zoning laws and asked to review it. Gas drilling - Supv Sumner announced that they have prepared an amendment to the current zoning ordinance and draft resolution for adoption of that amendment. She and Atty Perkins and Cl Leifer have been working on this with the attorneys for the Towns of Ulysses and Ithaca. This follows the home rule police powers concept and clarifies that heavy industrial uses have never been allowed in the Town of Dryden and continue not to be allowed, including specifically natural gas exploration and extraction and storage, treatment and disposal of extraction wastes. The reasons are set forth in the accompanying resolution that will be used if the board decides to adopt it. Supv Sumner said she hopes to consider introducing it tonight or next week and adopting it in July. The board reviewed the drafted amendment to the Zoning Ordinance. Cl Leifer said he thinks the prohibited uses need to be more clearly defined. There are uses associated with extraction that could occur in the Town even without extraction occurring here. Underground storage of gas is a concern. Supv Sumner said she believes they are captured in the wastes portion of the document. Atty Perkins cautioned there is a danger in getting too specific. We are taking the position that this type of heavy industrial use has always been prohibited in the Town of Dryden and we are clarifying that. He said there doesn't need to be a lot of justifications in the document; it: makes it needlessly long. C1 Leifer distributed a document containing a list of 1.3 prohibited uses that the board reviewed and discussed whether they were covered in the drafted zoning amendment. Large scale water use is defined in Cl Leifer's document as over 100,000 gallons in a 30 day period. The water withdrawal bill in Albany has not passed. Atty Perkins said the town would be regulating water withdrawal. He believes it is covered under industrial use. Atty Perkins said the board should keep in mind that the basic premise is that if it is not a permitted use, it is not allowed. These amendments are intended to clarify and prohibit certain uses. Page I ors �1 u �O 4%atb ftwo 41'B 6.84 1 There was discussion about whether to amend the definition of contractors yard. Size of the yard may be important. Atty Perkins will look into that. Whether to use the term "deleterious substance" was discussed. Atty Perkins suggested using some language referring to products used in the drilling process as well as waste products. A few edits were made to the draft amendment and a new copy will be provided to board members prior to the next board meeting. Atty Perkins said the proposed resolution to be used in adopting the amendment makes reference to things the Town Board has relied on in forming opinions on a course of action. It makes reference to the Bishop paper, the House of Representatives Committee on Energy and Commerce paper, Chemicals used in Hydraulic Fracturing, and other documents. Copies of these have been with the town clerk for the board's use and review. He proposes adding references to all these documents and other references to the resolution and said the board needs to be specific in its interpretation for the Zoning Board of Appeals to reference. Cl heifer said we need to specifically explain in the minutes at adoption what was intended in the ordinance, because frequently board members are asked to testify in court matters with respect to interpretation. Atty Perkins said that is the purpose of the long resolution he is working on. Atty Perkins said it should be clear that this is nc exercise of zoning power and land use regulation power. uses are not permitted and have never been permitted in Ordinance. The purpose of this amendment is simply to owners and town staff that they are not permitted uses. t an exercise of police power, but is an The concept is that these types of the Town of Dryden by the Zoning clarify for the public and for the land The board reviewed the draft resolution that xstill be used when adopting the amendments to the zoning ordinance. Changes and additions were discussed. Atty Perkins will review the document provided by Cl Leifer and make sure that necessary portions are included in the resolution. He will make changes and forward to the board. Supv Sumner said the Highway Superintendent has requested a budget modification due to snow removal overtime. RESOLUTION #108 (2011) - BUDGET MODIFICATION Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modification: From Account DA5142.1 2rt%i Cl Makar Roll Call Vote To Account DAS 142.1 10 Cl Stelick Cl Solomon Supv Sumner C1 Makar Cl Leifer Nage 2 of 5 Yes Yes Yes Yes Yes Amount $1,000.00 4rB " -I I RESOLUTION #109 (2011) - APPROVE ABSTRACT #6 Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract 46, as audited, vouchers #450 through 555, totaling $336,365.89. 2 °d Cl Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes D Kwasnowski asked whether this would have any effect on Dominion or the cement plant. Atty Perkins said it would not because they predate of them say that the zoning ordinance amendment. Public comment: Buzz Levine said he is glad the board is making some additions to make a comprehensive list. He still thinks high impact industrial use needs to be included because it provides protection from a due process challenge of our law. It provides an extra level of security. Judy Pierpont supports Buzz Levine's remarks and said she understands if something is not permitted it is prohibited, but she doesn't have faith that will work. If that is the case, we should be able to tell it to go away. Atty Perkins said they intend to and the Cook well will be the test case. J Pierpont said the high impact uses are not just comprehensive, but are more of a general applicability. She understands the harms are covered in the resolution. Atty Perkins explained that the zoning ordinance doesn't contain all the rationale for every decision you make. It is supposed to be concise and clear so that a person of average intelligence can determine what is permitted or prohibited; where; what the procedures are; and so forth. The resolution will be the record of why this happened. Joe Wilson said he is concerned with the specificity. He doesn't understand that we can ban a particular industry or business. He doesn't' know that we have that authority. Atty Perkins said to keep in mind that whether or not the state has pre- empted this area is an open question. The town is doing its best to make an argument that they have not; that our land use regulation power supersedes the language in the Environmental Conservation Law about regulations relating to the oil gas and solution mining industries. J Wilson said he understands we cannot: permit: things to happen in particular locations, but that is different than saying `no person shall". Atty Perkins said it is not a protected industry. J Wilson said he is concerned with the whereases in the resolution. It seems that some of them say that we really don't know if there is harm or not, yet we intend to ban it. Supv Sumner said there is an on- going debate on some of these things, and as long as there is, we aren't going to allow it. J Wilson is also concerned with saying we are sure with respect to economic impacts. Page 3 of 5 1116&8- 1 1 0 Martin Hatch agrees industrial use is a key thing to look at. He commends the town board and staff for their work. He would like to see a conclusion in two months. Bruno Schickel said we have had gas wells drilled in Dryden in the past and asked if they are prohibited, how did it get done? There is a major pipeline through town. A lot of the things referred to in the resolution are based on the dangers and studies related to fracking, yet all forms of gas exploration are being banned. He said it undermines that argument quite significantly. He doesn't believe there were any environmental disasters due to the gas drilling that was done in the town. He asked why the town would do this before the state comes out: with proposed regulations. if it is done after, then the town would be reacting to something that has been specifically proposed. Supv Sumner said those are important points and she would rather address them later next week or in writing because they are lengthy answers. Cl heifer said there is a concept called vested rights. If someone gets a permit from DEC but the town hasn't clarified, it is possible that well would be allowed to continue because the permit was issued before we had a prohibition B Levine said another reason to include high impact industrial uses is an authority concern. Cities have the right to regulate a business and Towns don't. If we prohibit high impact industrial uses, we will be banning a set of uses. Atty Perkins said there is some language in §130 of Town Law that addresses this. Zoning Discussion Atty Perkins said the boar( 21 41 5, 14, 15, 1.61 17, 18 and 19, made. He presented Articles 6, 8, (General and Restrictions), Article and Requirements). has previously received, reviewed and remodified Articles 1, and asked if there were any other comments. None were 1 1 and 12. Left to review are Article 3 (Definitions), Article 9 10 (Planned Unit Development), and Article 1.3 (Specific Uses Article 6 (Area & Bulk Regulations) - Section 600 was reorganized. No substantive changes are intended and he asked the board to review carefully the permitted densities (line 4 on page 28). Section 601 has been relabeled and refers to the Subdivision haw. Section 603 has some wording changes. Section 604 contains an addition that refers to structures permitted under the renewable energy facilities law and the telecommunications towers siting lawn. The hamlet zone will basically be Varna, when that work is completed. Density in the MC (mixed -use commercial) zone has been tied to the type of dwelling. A definition for "green space" will be provided by D Kwasnowski. Article 8 (Overlay Districts) - Section 801(A) has been reorganized. 801(D) has been slightly revised and will list what those principal uses are. Language has been included that up to 40% of new units may be in 24amily or multiple family dwellings. There is a definition of traditional neighborhood development. There are no substantive changes. Atty Perkins asked the board to pay particular attention to Section 802(G) and make sure that is the intent. D Kwasnowski noted that TNDs often have adjacent commercial development so that there is opportunity for employment or shopping. Section 802 (Large Scale Retail Development Overlay District) - Section B makes it clear that this is a floating zone and will be determined when the zoning map is amended and the special use permit is issued. The language in the section has been cleaned up and organized. Page 4 (11,5 TB 6-8-11 Article XI (Site Plan Review) - The purpose of the article language was substantially revised. It is intended to supplement Town Law 274(a). The heart of it is in 1.103(b), a comprehensive checklist. D Kwasnowski said the key for him is that after the sketch plan, you can decide to waive the site plan review. There was discussion about the requirement of a public hearing. 1.104 (C)(1) is a checklist to be considered by the board. The sketch plan conference is an important part of this process. Article XII (Special Use Permits) - Section 1201(A)(1) has been revised to set forth intent of Town Laws 274(b). Section 1202 explains what the Town Board must do. Atty Perkins Nvill add language with respect to SEQR. For all special use permits, site plan review is required. The shared driveway section has not yet been reviewed. Bruno Schickel said he'd like to more thoroughly look at what was distributed tonight, but has a few comments on the use chart from the last time it was handed out. Agricultural uses are permitted out of right everywhere in the town. But there are still uses that are not allowed even with a special use permit. An artist studio is not allowed in the business group. Junk yards are allowed in conservation or rural ag but nowhere else. A contractor yard seems to be anyone with indoor or outdoor storage, so a small contractor with a barn in his back yard and has indoor storage in the barn, he can't have that business in some areas without a special use permit. D Kwasnowski said to keep in mind the uses referred to are principal uses, the only use on the lot. Supv Sumner said if you live on the parcel, that is the primary use, and you can do any of the accessory uses because you live there. B Schickel said there are still too many things not permitted out of right, too many things absolutely forbidden. Maybe some of those things forbidden could be allowed by special use permit. It is unnecessarily restrictive and more bureaucratic than necessary. He asked the board to look more carefully at the use chart. Atty Perkins commended D Kwasnowski's department saying he has heard from a few clients how easy the staff was to work with. D Kwasnowski said the number of appeal cases to the Zoning Board of Appeals will help determine whether changes are necessary in the future. He reminded the board that there will be a design meeting in Varna on June 21 at 7:00 p.m. There was some discussion about when to introduce the zoning law and hold the public hearing. Supv Sumner asked board members to email her with their schedules. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 10:08 p.m. Respectfully submitted, Bambi L. Avery Town Clerk Page 5 of 5 Town c)f Dryden Town Board Meeting June 8, 2011 vY.x •r Name - 1ea Pr;1nl 6 � Address or Board l9 Dkyaj t 1 A3 6 1 _ Call Meeting to Order 2. Roll Call 3, Discussion Items Dryden Town Board Meeting Dryden Town Hall East Main Street Wednesday, June 8, 2011 � 7:30 PM Revised � 12:35 PM 6.8-11 a. Toning Proposal — FInal comments on revised Sections 1. 1I, IV, V, XI V, XV, XVI, XVII, X 1111 and XIX b, Discussion of Sections VI, VJT1 and XIII (tentative) C, Gas drilling legislation: Zoning or banning'? 4. Possible June 1 Agenda Items a_ TC Youth Services Board appointment b. Zoning Law introduction c. Gas drilling legislation introduction d. Community Center Infrastruelure Grants e. Recreation Masterplan 5. Abstract approval Town Board Meeting June 15, 2011 at 7:00 PM Text Abstract and Agenda Meeting � Wednesday, day, July 13, 2011 at x:30 PM